Nadinic v Cheryl Drinkwater as trustee for the Cheryl Drinkwater Trust [2019] NSWCA 142

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Nadinic v Cheryl Drinkwater as trustee for the Cheryl Drinkwater Trust [2019] NSWCA 142 Hearing dates: 17 June 2019 Decision date: 18 June 2019 Before: Gleeson JA Decision: (1) The Court notes the signed undertaking given by the respondent to the Court and the applicant in Exhibit A, the terms of which are set out in Sch 1 below.

(2) Order that orders 3 and 6 made by Emmett AJA on 21 May 2019 be stayed pending the determination of the appeal.

(3) Otherwise dismiss the applicant's notice of motion filed 14 June 2019.

(4) The costs of the motion filed 14 June 2019 be the applicant's costs in the appeal. Catchwords: PROCEDURE – judgments and orders – application for stay of orders pending appeal – whether significant risk if money paid to respondent it will be unable to be recovered without delay or difficulty if appeal succeeds – where undertakings offered by respondent Legislation Cited: Competition and Consumer Act 2010 (Cth), Sch 2 — Australian Consumer Law, s 18 Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: Adeels Palace Pty Ltd v Moubarak; Adeels Palace Pty Ltd v Najem (No 2) [2009] NSWCA 130 Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685 Kalifair Pty Ltd v Digi-Tech (Australia) Ltd (2002) 55 NSWLR 737; [2002] NSWCA 383 TCN Channel 9 Pty Ltd v Antoniadis (No 2) (1999) 48 NSWLR 381 Category: Procedural and other rulings Parties: Andrew Frane Nadinic (Applicant) Cheryl Drinkwater as trustee for the Cheryl Drinkwater Trust (ABN 77 629 505 673) (Respondent) Representation: Counsel: Mr A G Martin (Applicant) Mr P Hewitt (Respondent)